2. Cayetano vs.

Monsod
G.R. No. 100113
September 3, 1991

Facts:
 Respondent Christian Monsod was nominated by President Corazon C. Aquino to the
position of Chairman of the COMELEC
 Petitioner Renato Cayetano opposed the nomination because allegedly Monsod does
not possess the required qualification of having been engaged in the practice of law for
at least ten years. Atty. Monsod has worked as a lawyer in the law office of his father
(1960-1963); an operations officer with the World Bank Group (1963-1970); Chief
Executive Officer of an investment bank (1970-1986); legal or economic consultant on
various companies (1986); Secretary General of NAMFREL (1986); member of
Constitutional Commission (1986-1987); National Chairman of NAMFREL (1987); and
member of the quasi-judicial Davide Commission (1990).
 The Commission on Appointments confirmed the nomination of Monsod as Chairman of
the COMELEC
 Challenging the validity of the confirmation by the Commission on Appointments of
Monsod’s nomination, petitioner as a citizen and taxpayer, filed the instant petition for
certiorari and prohibition praying that the nomination be declared null and void.

Issue:
Whether or not the respondent posseses the required qualification of having engaged in the
practice of law for at least ten years.

Ruling:
The Supreme Court ruled that Atty. Monsod possessed the required qualification. In the case of
Philippine Lawyers Association vs. Agrava: The practice of law is not limited to the conduct of
cases or litigation in court. In general, all advice to clients, and all action taken for them in
matters connected with the law incorporation services, assessment and condemnation services,
contemplating an appearance before judicial body, the foreclosure of mortgage, enforcement
of a creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in
attachment, and in matters of estate and guardianship have been held to constitute law
practice.

Practice of law means any activity, in or out court, which requires the application of law, legal
procedure, knowledge, training and experience. “To engage in the practice of law is to perform
those acts which are characteristics of the profession. In general, a practice of law requires a
lawyer and client relationship, it is whether in or out of court. As such, the petition is dismissed.